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Empress Vs. Baibaya - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Judge
Reported in(1883)ILR7Bom126
AppellantEmpress
RespondentBaibaya
Excerpt:
indian penal code (act xlv of 1860), section 425 - mischief--stray cattle. - melvill, j.1. the conduct of the accused does not constitute the offence of which she has been convicted. in order to constitute the offence of mischief it is not sufficient to show that the accused was guilty of carelessness in allowing her goat to stray. the prosecution was bound to show that there was an intention to cause wrongful loss or damage. the same view has been taken by the calcutta and madras high courts in cases reported in 6 bengal law reports, appendix 3, and 6 m h c r 36. the court, therefore, reverses the conviction and sentence, and directs the fine to be returned to the accused.
Judgment:

Melvill, J.

1. The conduct of the accused does not constitute the offence of which she has been convicted. In order to constitute the offence of mischief it is not sufficient to show that the accused was guilty of carelessness in allowing her goat to stray. The prosecution was bound to show that there was an intention to cause wrongful loss or damage. The same view has been taken by the Calcutta and Madras High Courts in cases reported in 6 Bengal Law Reports, Appendix 3, and 6 M H C R 36. The Court, therefore, reverses the conviction and sentence, and directs the fine to be returned to the accused.


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